In Nevada, a wrongful death is defined by avoidable circumstances. After a wrongful fatality, the family of the victim has the legal right to seek damages. These fatalities are based on circumstances that were based on the direct or indirect actions of the defendant. A failure on the defendant’s part to prevent the fatality deems them liable. A wrongful death attorney in Henderson, NV provides legal representation for the victim’s family.
The Cause of the Victim’s Death
The cause of death is defined by an autopsy. The pathologist must examine the victim’s injuries and conclude that they were the cause of the fatality. They must present findings that prove a direct link between the victim’s injuries and the event or circumstance identified by their family.
Intentional, Reckless, or Negligent
A wrongful death is defined as intentional, reckless, or negligent. This indicates that the defendant committed a crime that caused the fatality or that their reckless actions were the ultimate cause. Acts of negligence are defined by circumstances such as allowing a visitor to enter an unsafe property. The knowledge of the hazardous conditions identifies the liability.
Criminal Cases Linked to Civil Lawsuits
Criminal offenses are managed by the county’s criminal court. The defendant could be ordered to pay restitution to the family; however, this doesn’t stop the family from filing a claim through civil court. The outcome of the criminal charge can assist the family in civil court.
What to Expect If the Plaintiff Wins
If the plaintiff wins, the family could receive economic damages that include funeral expenses and medical costs for the victim. They can also receive compensation due to the loss of financial support as well. This applies when the victim leaves a spouse or minor children behind. The restitution may include lifetime earnings for the victim.
In Nevada, a wrongful death is defined by circumstances that could’ve been avoided completely. It could have happened intentionally, due to reckless actions, or based on negligence. The cause of death doesn’t have to be a crime to qualify. Families who need to speak to a wrongful death attorney in Henderson, NV can contact Hay Law or visit their website right now.